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(영문) 대구지방법원 2014.08.14 2014고단2649

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 1, 2014, at around 22:15, the Defendant: (a) taken the body and urine of the victim against the victim’s will, using the fact that the above toilets are common for both men and women; (b) had the mobile phone equipment of the Defendant, and waiting to enter the female toilet column from the male toilet; (c) around that time, the victim E (here, the age of 31) took the body and urine of the victim against the victim’s will using the camera function of the aforementioned cell phone camera function.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs;

1. Application of Acts and subordinate statutes as a result of digital evidence analysis on mobile phones;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (a grace: a fine: 1,00,000 won) of the suspended sentence is that the defendant has faithfully committed a social and family life without the history of criminal punishment prior to the instant criminal punishment; the defendant has committed the instant crime under the influence of alcohol; the defendant has committed a contingent crime while under the influence of alcohol; the criminal investigation agency recognizes his mistake and again does not repeat again; the victim expressed his intention that he does not want to punish the defendant; the defendant raises one wife and her age, and the defendant's wife is expected to take care of her wife and her age, and the defendant's wife is expected to be immediately dismissed under the regulations of the company currently accompanying; if the defendant is convicted of a fine or more severe punishment, the defendant's age, inclination, etc. shall be determined by taking into consideration all other circumstances.

A judgment of conviction is finalized for the crime of this case of the registration of personal information.